The new Agency Workers Regulations (the Regulations) come into force from 1st October, but as an Agency Worker, what does this actually mean?
The good news is that the Regulations give you an entitlement to the same basic employment and working conditions as if you had been recruited directly by the hirer, some immediately and some after a 12 week qualifying period in the same job with the same hirer – this does not mean however that you become a permanent employee of the hirer after 12 weeks.
Any entitlement will be based on what a comparable employee or worker receives, whether you are working part time or full time. This means there must be someone doing the same job or broadly similar work to you, usually at the same workplace but they may be located elsewhere.
What am I entitled to from “Day One”?
From day one of an assignment, as an agency worker, you will be entitled to the following two rights: The right to access information on job vacancies and; the right to access collective on-site facilities.
What is equal treatment after 12 weeks?
After 12 weeks in the same job with the same hirer you will be entitled to the same basic terms and conditions as if you had been recruited directly. The entitlements include pay, duration of working time, night work, rest periods, rest breaks and annual leave.
The regulations are not retrospective so the 12 week qualifying period meaning any time spent on an assignment before 1st October 2011 will not count towards the 12 week qualifying period.
How can White Horse Employment help you?
To assist Agency Workers, we have put together a detailed briefing on the Regulations, detailing some of the intricacies and how this affects you, for more information, click here.
If you have any queries with regards to the Agency Workers Regulations, please do not hesitate to contact us on 01225 777157 and we will be more than happy to help.